United Grocery Co. v. Dannelly
United Grocery Co. v. Dannelly
Opinion of the Court
The opinion of the Court was delivered by
This was an action to recover $479.40, the amount alleged to be due on an open account for goods sold and delivered'.
Plaintiff’s bookkeeper testified that plaintiff’s books were kept on the loose-leaf system, that is, the leaves of the books are not stitched or bound together, but are arranged so that they can be taken out of the books, and the accounts of customers are kept on separate sheets. He produced and identified the sheets which contained the original entries of the *581 account against defendant, and proved that they were in the handwriting of several of plaintiff’s clerks, who* were in Florida, and, therefore, beyond the jurisdiction of the Court. Fie also1 produced the sheet from the ledger which contained the defendant’s account, and testified that he had posted the entries thereon, that is, the totals from the sheets of original entry, on the day or the day after they were originally made.
We think the Court erred in excluding the evidence on both grounds. The objection goes more to its sufficiency or probative value than to its competency. Seaboard Air Line Ry. v. R. R. Comm’rs, 86 S. C. 91; 17 Cyc. 373, and note on page 393; Toomer v. Gadsden, 4 Strob. L. 193; Elms v. Chevis, 2 McC. 349; Rigby v. Logan, 45 S. C. 651, 24 S. E. 56; Swancey v. Parrish, 62 S. C. 243, 40 S. E. 554; 2 Enc. Ev. 607-9; 2 Wigmore 1521; 2 Rice 835.
Reversed.
Reference
- Full Case Name
- United Grocery Co. v. J. M. Dannelly & Son
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- 1. Books op Account. — Keeping account on loose sheets not stitched together, or according to the loose-leaf system of bookkeeping, is within books of account of original entry. 2. Ibid. — Originad Entries. — A witness who knows the handwriting of one making original entries in books of account, but who at the time of the trial is beyond the jurisdiction of the Court, can prove the entries.